1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for definitions, for sale or
4transfer of firearms, for the Pennsylvania State Police, for
5firearm sales surcharge and for the Firearms Records Check
6Fund.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 6102 of Title 18 of the Pennsylvania
10Consolidated Statutes is amended by adding definitions to read:

11§ 6102. Definitions.

12Subject to additional definitions contained in subsequent
13provisions of this subchapter which are applicable to specific
14provisions of this subchapter, the following words and phrases,
15when used in this subchapter shall have, unless the context
16clearly indicates otherwise, the meanings given to them in this
17section:

18* * *

19"Form 4473." The Bureau of Alcohol, Tobacco, Firearms and
20Explosives firearms transaction record.

1* * *

2"NICS." The National Instant Criminal Background Check
3System maintained by the Federal Bureau of Investigation in
4accordance with the Brady Handgun Violence Prevention Act
5(Public Law 103-159, 107 Stat. 1536).

6* * *

7Section 2. Sections 6111(a), (b) and (g)(3), 6111.1(b), (c),
8(e), (i) and (j.2), 6111.2(c) and 6111.3(b) of Title 18 are
9amended to read:

10§ 6111. Sale or transfer of firearms.

11(a) [Time and manner] Manner of delivery.--

12[(1) Except as provided in paragraph (2), no seller
13shall deliver a firearm to the purchaser or transferee
14thereof until 48 hours shall have elapsed from the time of
15the application for the purchase thereof, and, when
16delivered, the firearm shall be securely wrapped and shall be
17unloaded.

18(2) Thirty days after publication in the Pennsylvania 
19Bulletin that the Instantaneous Criminal History Records 
20Check System has been established in accordance with the 
21Brady Handgun Violence Prevention Act (Public Law 103-159, 18 
22U.S.C. § 921 et seq.), no] No seller shall deliver a firearm 
23to the purchaser thereof until the provisions of this section 
24have been satisfied, and, when delivered, the firearm shall 
25be securely wrapped and shall be unloaded.

26(b) Duty of seller.--No licensed importer, licensed
27manufacturer or licensed dealer shall sell or deliver any
28firearm to another person, other than a licensed importer,
29licensed manufacturer, licensed dealer or licensed collector,
30until the conditions of subsection (a) have been satisfied and

1until he has:

2(1) For purposes of a firearm as defined in section 6102
3(relating to definitions)[, obtained]:

4(i) Obtained a completed [application/record of
5sale] and signed Form 4473 from the potential buyer or
6transferee [to be filled out in triplicate, the original
7copy to be sent to the Pennsylvania State Police,
8postmarked via first class mail, within 14 days of the
9sale, one copy to be retained by the licensed importer,
10licensed manufacturer or licensed dealer for a period of
1120 years and one copy to be provided to the purchaser or
12transferee. The form of this application/record of sale
13shall be no more than one page in length and shall be
14promulgated by the Pennsylvania State Police and provided
15by the licensed importer, licensed manufacturer or
16licensed dealer. The application/record of sale shall
17include the name, address, birthdate, gender, race,
18physical description and Social Security number of the
19purchaser or transferee, the date of the application and
20the caliber, length of barrel, make, model and
21manufacturer's number of the firearm to be purchased or
22transferred. The application/record of sale shall also
23contain the following question:

24Are you the actual buyer of the firearm(s), as defined 
25under 18 Pa.C.S. § 6102 (relating to definitions), listed 
26on this application/record of sale? Warning: You are not 
27the actual buyer if you are acquiring the firearm(s) on 
28behalf of another person, unless you are legitimately 
29acquiring the firearm as a gift for any of the following 
30individuals who are legally eligible to own a firearm:

1(1) spouse;

2(2) parent;

3(3) child;

4(4) grandparent; or

5(5) grandchild.

6(1.1) On the date of publication in the Pennsylvania
7Bulletin of a notice by the Pennsylvania State Police that
8the instantaneous records check has been implemented, all of
9the following shall apply:

10(i) In the event of an electronic failure under
11section 6111.1(b)(2) (relating to Pennsylvania State
12Police) for purposes of a firearm which exceeds the
13barrel and related lengths set forth in section 6102,
14obtained a completed application/record of sale from the
15potential buyer or transferee to be filled out in
16triplicate, the original copy to be sent to the
17Pennsylvania State Police, postmarked via first class
18mail, within 14 days of sale, one copy to be retained by
19the licensed importer, licensed manufacturer or licensed
20dealer for a period of 20 years and one copy to be
21provided to the purchaser or transferee.

22(ii) The form of the application/record of sale
23shall be no more than one page in length and shall be
24promulgated by the Pennsylvania State Police and provided
25by the licensed importer, licensed manufacturer or
26licensed dealer.

27(iii) For purposes of conducting the criminal
28history, juvenile delinquency and mental health records
29background check which shall be completed within ten days
30of receipt of the information from the dealer, the

1application/record of sale shall include the name,
2address, birthdate, gender, race, physical description
3and Social Security number of the purchaser or transferee
4and the date of application.

5(iv) No information regarding the type of firearm
6need be included other than an indication that the
7firearm exceeds the barrel lengths set forth in section
86102.

9(v) Unless it has been discovered pursuant to a
10criminal history, juvenile delinquency and mental health
11records background check that the potential purchaser or
12transferee is prohibited from possessing a firearm
13pursuant to section 6105 (relating to persons not to
14possess, use, manufacture, control, sell or transfer
15firearms), no information on the application/record of
16sale provided pursuant to this subsection shall be
17retained as precluded by section 6111.4 (relating to
18registration of firearms) by the Pennsylvania State
19Police either through retention of the application/record
20of sale or by entering the information onto a computer,
21and, further, an application/record of sale received by
22the Pennsylvania State Police pursuant to this subsection
23shall be destroyed within 72 hours of the completion of
24the criminal history, juvenile delinquency and mental
25health records background check].

26(ii) Contacted NICS by telephone or electronically
27to request a background check on a potential buyer or
28transferee.

29(iii) Received authorization from NICS to sell or
30deliver the firearm to the prospective buyer or

1transferee.

2(1.1) The dealer shall record the NICS transaction
3number on Form 4473 and retain Form 4473 for auditing
4purposes for purchases and transfers of firearms under
5paragraph (1).

6(1.2) Fees collected under [paragraph (3) and] section
76111.2 (relating to firearm sales surcharge) shall be
8transmitted to the Pennsylvania State Police within 14 days
9of collection.

10(1.3) In addition to the criminal penalty under section
116119 (relating to violation penalty), any person who
12knowingly and intentionally maintains or fails to destroy any
13information submitted to the Pennsylvania State Police for
14purposes of a background check pursuant to [paragraphs (1.1)
15and] paragraph (1.4) or violates section 6111.4 shall be
16subject to a civil penalty of $250 per violation, entry or
17failure to destroy.

18(1.4) [Following implementation of the instantaneous
19records check by the Pennsylvania State Police on or before
20December 1, 1998, no application/record of sale] No Form 4473
21shall be completed for the purchase or transfer of a firearm
22which exceeds the barrel lengths set forth in section 6102. A
23statement shall be submitted by the dealer to the
24Pennsylvania State Police, postmarked via first class mail,
25within 14 days of the sale, containing the number of firearms
26sold which exceed the barrel and related lengths set forth in
27section 6102, the amount of surcharge and other fees remitted
28and a list of the unique [approval] transaction numbers given
29pursuant to paragraph [(4)] (1.1), together with a statement
30that the background checks have been performed on the

1firearms contained in the statement. The form of the
2statement relating to performance of background checks shall
3be promulgated by the Pennsylvania State Police.

4(2) Inspected photoidentification of the potential
5purchaser or transferee, including, but not limited to, a
6driver's license, official Pennsylvania photoidentification
7card or official government photoidentification card. In the
8case of a potential buyer or transferee who is a member of a
9recognized religious sect or community whose tenets forbid or
10discourage the taking of photographs of members of that sect
11or community, a seller shall accept a valid-without-photo
12driver's license or a combination of documents, as prescribed
13by the Pennsylvania State Police, containing the applicant's
14name, address, date of birth and the signature of the
15applicant.

16[(3) Requested by means of a telephone call that the
17Pennsylvania State Police conduct a criminal history,
18juvenile delinquency history and a mental health record
19check. The purchaser and the licensed dealer shall provide
20such information as is necessary to accurately identify the
21purchaser. The requester shall be charged a fee equivalent to
22the cost of providing the service but not to exceed $2 per
23buyer or transferee.

24(4) Received a unique approval number for that inquiry
25from the Pennsylvania State Police and recorded the date and
26the number on the application/record of sale form.]

27(5) Issued a receipt containing [the information from
28paragraph (4), including] the unique [approval] transaction
29number of the purchaser. This receipt shall be prima facie
30evidence of the purchaser's or transferee's compliance with

1the provisions of this section.

2[(6) Unless it has been discovered pursuant to a
3criminal history, juvenile delinquency and mental health
4records background check that the potential purchaser or
5transferee is prohibited from possessing a firearm pursuant
6to section 6105, no information received via telephone
7following the implementation of the instantaneous background
8check system from a purchaser or transferee who has received
9a unique approval number shall be retained by the
10Pennsylvania State Police.

11(7) For purposes of the enforcement of 18 U.S.C. § 
12922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in 
13the event the criminal history or juvenile delinquency 
14background check indicates a conviction for a misdemeanor 
15that the Pennsylvania State Police cannot determine is or is 
16not related to an act of domestic violence, the Pennsylvania 
17State Police shall issue a temporary delay of the approval of 
18the purchase or transfer. During the temporary delay, the 
19Pennsylvania State Police shall conduct a review or 
20investigation of the conviction with courts, local police 
21departments, district attorneys and other law enforcement or 
22related institutions as necessary to determine whether or not 
23the misdemeanor conviction involved an act of domestic 
24violence. The Pennsylvania State Police shall conduct the 
25review or investigation as expeditiously as possible. No 
26firearm may be transferred by the dealer to the purchaser who 
27is the subject of the investigation during the temporary 
28delay. The Pennsylvania State Police shall notify the dealer 
29of the termination of the temporary delay and either deny the 
30sale or provide the unique approval number under paragraph 

1(4).]

2* * *

3(g) Penalties.--

4* * *

5(3) Any person, licensed dealer, licensed manufacturer
6or licensed importer who knowingly and intentionally requests
7[a criminal history, juvenile delinquency or mental health
8record check or other confidential information from the
9Pennsylvania State Police] an NICS background check under
10this chapter for any purpose other than compliance with this
11chapter or knowingly and intentionally disseminates any
12criminal history, juvenile delinquency or mental health
13record or other confidential information to any person other
14than the subject of the information commits a felony of the
15third degree.

16* * *

17§ 6111.1. Pennsylvania State Police.

18* * *

19(b) Duty of Pennsylvania State Police.--

20[(1) Upon receipt of a request for a criminal history,
21juvenile delinquency history and mental health record check
22of the potential purchaser or transferee, the Pennsylvania
23State Police shall immediately during the licensee's call or
24by return call forthwith:

25(i) review the Pennsylvania State Police criminal
26history and fingerprint records to determine if the
27potential purchaser or transferee is prohibited from
28receipt or possession of a firearm under Federal or State
29law;

30(ii) review the juvenile delinquency and mental

1health records of the Pennsylvania State Police to
2determine whether the potential purchaser or transferee
3is prohibited from receipt or possession of a firearm
4under Federal or State law; and

5(iii) inform the licensee making the inquiry either:

6(A) that the potential purchase or transfer is
7prohibited; or

8(B) provide the licensee with a unique approval
9number.

10(2) In the event of electronic failure, scheduled
11computer downtime or similar event beyond the control of the
12Pennsylvania State Police, the Pennsylvania State Police
13shall immediately notify the requesting licensee of the
14reason for and estimated length of the delay. If the failure
15or event lasts for a period exceeding 48 hours, the dealer
16shall not be subject to any penalty for completing a
17transaction absent the completion of an instantaneous records
18check for the remainder of the failure or similar event, but
19the dealer shall obtain a completed application/record of
20sale following the provisions of section 6111(b)(1) and (1.1)
21(relating to sale or transfer of firearms) as if an
22instantaneous records check has not been established for any
23sale or transfer of a firearm for the purpose of a subsequent
24background check.

25(3) The Pennsylvania State Police shall fully comply,
26execute and enforce the directives of this section as
27follows:

28(i) The instantaneous background check for firearms
29as defined in section 6102 (relating to definitions)
30shall begin on July 1, 1998.

1(ii) The instantaneous background check for firearms
2that exceed the barrel lengths set forth in section 6102
3shall begin on the later of:

4(A) the date of publication of the notice under
5section 6111(a)(2); or

6(B) December 31, 1998.]

7(4) The Pennsylvania State Police and any local law
8enforcement agency shall make all reasonable efforts to
9determine the lawful owner of any firearm confiscated or
10recovered by the Pennsylvania State Police or any local law
11enforcement agency and return said firearm to its lawful
12owner if the owner is not otherwise prohibited from
13possessing the firearm. When a court of law has determined
14that the Pennsylvania State Police or any local law
15enforcement agency have failed to exercise the duty under
16this subsection, reasonable attorney fees shall be awarded to
17any lawful owner of said firearm who has sought judicial
18enforcement of this subsection.

19[(c) Establish a telephone number.--The Pennsylvania State
20Police shall establish a telephone number which shall be
21operational seven days a week between the hours of 8 a.m. and 10
22p.m. local time for purposes of responding to inquiries as
23described in this section from licensed manufacturers, licensed
24importers and licensed dealers. The Pennsylvania State Police
25shall employ and train such personnel as are necessary to
26administer expeditiously the provisions of this section.]

27* * *

28[(e) Challenge to records.--

29(1) Any person who is denied the right to receive, sell,
30transfer, possess, carry, manufacture or purchase a firearm

1as a result of the procedures established by this section may
2challenge the accuracy of that person's criminal history,
3juvenile delinquency history or mental health record pursuant
4to a denial by the instantaneous records check by submitting
5a challenge to the Pennsylvania State Police within 30 days
6from the date of the denial.

7(2) The Pennsylvania State Police shall conduct a review
8of the accuracy of the information forming the basis for the
9denial and shall have the burden of proving the accuracy of
10the record. Within 20 days after receiving a challenge, the
11Pennsylvania State Police shall notify the challenger of the
12basis for the denial, including, but not limited to, the
13jurisdiction and docket number of any relevant court decision
14and provide the challenger an opportunity to provide
15additional information for the purposes of the review. The
16Pennsylvania State Police shall communicate its final
17decision to the challenger within 60 days of the receipt of
18the challenge. The decision of the Pennsylvania State Police
19shall include all information which formed a basis for the
20decision.

21(3) If the challenge is ruled invalid, the person shall
22have the right to appeal the decision to the Attorney General
23within 30 days of the decision. The Attorney General shall
24conduct a hearing de novo in accordance with the
25Administrative Agency Law. The burden of proof shall be upon
26the Commonwealth.

27(4) The decision of the Attorney General may be appealed
28to the Commonwealth Court by an aggrieved party.]

29* * *

30(i) Reports.--The Pennsylvania State Police shall annually

1compile and report to the General Assembly, on or before
2December 31, the following information for the previous year:

3(1) number of firearm sales, including the types of
4firearms;

5[(2) number of applications for sale of firearms denied,
6number of challenges of the denials and number of final
7reversals of initial denials;

8(3) summary of the Pennsylvania State Police's
9activities, including the average time taken to complete a
10criminal history, juvenile delinquency history or mental
11health record check;] and

12(4) uniform crime reporting statistics compiled by the
13Pennsylvania State Police based on the National Incident-
14based Reporting System.

15* * *

16[(j.2) Records check.--The provisions of this section which
17relate to the instantaneous records check conducted by telephone
18shall be applicable 30 days following notice by the Pennsylvania
19State Police pursuant to section 6111(a)(2).]

20* * *

21§ 6111.2. Firearm sales surcharge.

22* * *

23(c) Revenue sources.--Funds received under the provisions of
24this section [and section 6111(b)(3) (relating to sale or
25transfer of firearms)], as estimated and certified by the
26Secretary of Revenue, shall be deposited within five days of the
27end of each quarter into the fund.

28* * *

29§ 6111.3. Firearm Records Check Fund.

30* * *

1(b) Source.--The source of the fund shall be moneys
2collected and transferred under section 6111.2 (relating to
3firearm sales surcharge) [and moneys collected and transferred
4under section 6111(b)(3)].

5Section 3. This act shall take effect in 60 days.